PRINTER'S NO. 401
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.426
Session of
2025
INTRODUCED BY PIELLI, SANCHEZ, GIRAL, WEBSTER, HILL-EVANS,
VITALI, CIRESI, HOHENSTEIN, FREEMAN, SAMUELSON, OTTEN,
ISAACSON, GREEN, SCHLOSSBERG, MADDEN, BRENNAN, HOWARD,
KENYATTA, PROBST, STEELE, RABB AND CONKLIN, JANUARY 31, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JANUARY 31, 2025
AN ACT
Providing for duties of Commonwealth agencies regarding native
plants and for duties of Department of Conservation and
Natural Resources regarding pollinator habitats and native
plants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Native
Habitats at Commonwealth Facilities Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." Any of the following:
(1) Any office, department, authority, board, multistate
agency or commission of the executive branch, independent
agency or State-affiliated entity. The term includes:
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17 (i) The Governor's Office.
(ii) The Office of Attorney General.
(iii) The Department of the Auditor General.
(iv) The Treasury Department.
(v) An organization established by the Constitution
of Pennsylvania, a statute or an executive order which
performs or is intended to perform an essential
governmental function.
(2) The term does not include a judicial or legislative
agency.
"Commonwealth project." A construction or maintenance
activity that is conducted by a Commonwealth agency or at a
Commonwealth facility that involves landscape planting
improvements.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Independent agency." Any board, commission or other agency
or officer of the Commonwealth that is not subject to the policy
supervision and control of the Governor. The term does not
include a legislative or judicial agency.
"Judicial agency." A court of the Commonwealth or any other
entity or office of the unified judicial system.
"Legislative agency." Any of the following:
(1) The Senate.
(2) The House of Representatives.
(3) The Capitol Preservation Committee.
(4) The Center for Rural Pennsylvania.
(5) The Joint Legislative Air and Water Pollution
Control and Conservation Committee.
(6) The Joint State Government Commission.
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30 (7) The Legislative Budget and Finance Committee.
(8) The Legislative Data Processing Committee.
(9) The Independent Regulatory Review Commission.
(10) The Legislative Reference Bureau.
(11) The Local Government Commission.
(12) The Pennsylvania Commission on Sentencing.
(13) The Legislative Reapportionment Commission.
(14) The Legislative Office for Research Liaison.
(15) The Legislative Audit Advisory Commission.
"Pollinator meadow." An area of native vegetation consisting
of more than 50% native wildflowers that meets all of the
following requirements:
(1) The vegetation has the floral resources present
throughout the growing season and host plants for the larvae
of monarch butterflies and other native pollinators to
provide for the entire life cycle of monarch butterflies and
other native pollinators.
(2) The vegetation was established from seed mixes
comprised of at least 0.5% native milkweed seed.
(3) The vegetation is protected from insecticide
exposure.
"State-affiliated entity." A Commonwealth authority or
Commonwealth entity. The term includes the Pennsylvania Higher
Education Assistance Agency and any entity established thereby,
the Pennsylvania Gaming Control Board, the Pennsylvania Game
Commission, the Pennsylvania Fish and Boat Commission, the
Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
Retirement Board, the State System of Higher Education, a
community college, the Pennsylvania Turnpike Commission, the
Pennsylvania Public Utility Commission, the Pennsylvania
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30 Infrastructure Investment Authority, the State Public School
Building Authority, the Pennsylvania Interscholastic Athletic
Association and the Pennsylvania Higher Educational Facilities
Authority. The term does not include a State-related
institution.
"State-related institution." Any of the following:
(1) Temple University.
(2) The University of Pittsburgh.
(3) The Pennsylvania State University.
(4) Lincoln University.
Section 3. Duties of Commonwealth agencies regarding native
plants.
(a) Native plants.--A Commonwealth agency shall have the
following duties when conducting a Commonwealth project at a
Commonwealth facility:
(1) Prioritize, as feasible with respect to schedule and
product supply, the use of native plants untreated with
systemic insecticides over non-native plants when developing
green spaces or during landscape planting.
(2) Consider the benefits of using native plants
untreated with systemic insecticides at the Commonwealth
project, including habitat creation, supporting native
pollinators, providing food and shelter to insect and
wildlife populations, decreasing soil erosion and landscape
water usage, increasing sediment control, controlling storm
water runoff and decreasing maintenance needs.
(b) Turfgrass and lawns.--A Commonwealth agency shall
consider the planting of native plants untreated with systemic
insecticides or creating pollinator meadows on appropriate areas
of existing or planned turfgrass and lawns, particularly unused
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30 areas when growing turfgrass or lawns at a Commonwealth
facility.
(c) Updates.--A Commonwealth agency that maintains
Commonwealth facility design standards that are specific to the
Commonwealth agency or has landscape and maintenance development
standards on or after the effective date of this subsection
shall update the standards to reflect prioritizing native
plants.
Section 4. Duties of department regarding pollinator habitats
and native plants untreated with systemic
insecticides.
(a) Pollinator habitats.--The department shall maintain
existing pollinator meadows or pollinator gardens on or after
the effective date of this subsection or establish new
pollinator meadows or pollinator gardens at resource management
centers and State Park offices where space is available to serve
as pollinator habitat and demonstration areas for the public.
(b) Native plants.--The department shall have the following
duties:
(1) Maintain and distribute to Commonwealth agencies
guidance on the use and maintenance of native plants in
Commonwealth projects.
(2) Draft a native pollinator conservation plan and
revise the plan every five years. The department shall make
the native pollinator conservation plan available to
Commonwealth agencies and the public. The department shall
promulgate regulations specifying which native plants are
covered under this act and include the following information
in the native pollinator conservation plan:
(i) The current status of native pollinators.
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30 (ii) The main risks to native pollinators.
(iii) The best practices to mitigate the risks to
native pollinators.
(iv) The current efforts of the department to
conserve and protect native pollinators and their
habitats.
Section 5. Effective date.
This act shall take effect as follows:
(1) Section 4 shall take effect in 18 months.
(2) The remainder of this act shall take effect
immediately.
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